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My husband in in santa clara county jail. Elmwood Complex. Pleaseee Help

San Jose, CA |

he was arrested on may 23 and has been in custody since and was sentenced to a year in july will they count those 3 months? because i checked the computer on santa clara county jail and it says his release date is sept 6 2013 why?

Attorney Answers 4

Posted

You should call his attorney to get clarification on this.

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Asker

Posted

HE JUST CALLED ME AND SAID HE GOT SENTENCED TO 16 MONTHS AND HAS A CREDIT FOR 150 STARTING HIS SENTENCED ON AUGUST 14 2012 WHEN WOULD HE BE OUT . JUST AN APPROX?

John M. Kaman

John M. Kaman

Posted

The information you just gave is in conflict with the Sheriff's release date. You should talk to the attorney again. In general the Sheriff's calculation of release dates are correct but there are exceptions.

Posted

Attorney Aragon is correct, and you didn't state what the offense was, as it can determine if he is eligible for realignment or not. If there is a computer glitch, his attorney should fix it without delay.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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Posted

I JUST WANT AN APROX IT WAS JUST A WARRENT FOR NOT SHOWING UP TO COURT IT WAS FOR SOMETHING 7 YEARS AGO IT WAS NOTHING NEW HE SAID HE GOT 16 MONTHS MINUS 150 DAY HE HAS IN CREDT ? STARTING AUGUST 14 DAYS COUNTING WHAT MONTH WILL HE BE OUTT?

Curtis Lamar Harrington Jr

Curtis Lamar Harrington Jr

Posted

JUST A WARRENT FOR NOT SHOWING UP TO COURT = You saying that is his offense? Something is missing. IT WAS FOR SOMETHING 7 YEARS AGO = Ah, but the "something" has everything to do with eligibility for realignment.

Asker

Posted

for subs that thought he was selling, bulgargy, under the infl. , stolen rec. and he was on probation. but he never violated his probation or pick up an offense while still on probation.

Posted

Usually if a person is sentenced to a year they will serve half-time, which means a person arrested may 23 will be released November 23 of the same year. Yes, he gets credit for the three months spent in custody before sentencing. It sounds like the computer is suggesting that he was sentenced to 32 months (half of which would be 16 months, which would take you from may till september of the next year.). It is possible he was sentenced to something other than what you think he was sentenced to, and it is possible that he was sentenced on more than one count, or even more than one case (was he on probation in another case?). It is also possible that the jail (or the court clerk) made an error. You could get a copy of the minutre order from the criminal window in the courthouse where his case was called. That may clear up the confusion a little bit.

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Posted

thank you so much ya he was sentenced to 16 months and was credited 150 day so that leads to sept thank you very much

Posted

You should write to your husband and ask him what his release date is. He can request a written calculation at the jail. If there is a mistake, you should contact his lawyer to make the necessary corrections. The lawyer will need to see the paper, but keep a copy for yourself and your husband.

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